I-94 date stamp and 7th year extention

sahaia

Registered Users (C)
Hi Friends,

Need some confirmation/clarification on H1-B1 re-validation and stamping.

My H1B1 was stamped on my passport and valid until 10-Feb-04 and same date was mentioned on my I-94 card as "Valid Until Date". Then I filed for H1B1 extention and got the approval notice in Oct'03 (validity 4-Mar-05).

Sent for visa stamping to St-Louise and got the passport back in Jul-04 with Visa stamped but they left the original I-94 attached to the passport. They sent the original (new) I-797 along with the new I-94 (bottom right part) still attached to it but with no date stamp ("Valid Until Date").

So now I have two I-94, (old) one stapled to my passport with expired dates and the second (new) still attached to new I-797 but with no dates on it.

Now I want to apply for 7th year extention but my employer informed me that the attorney has raised concern over the date on my I-94 being expired and no valid dates stamped on my new I-94. According to the attorney I should first go to India and come back so that I have an I-94 with valid dates on it... otherwise it is risky business.... (Visit to Canada or Maxico does not get you new I-94). Also, I am told that there is no premium processing available for 7th year extention so I must wait for 3-4 months after applying before I know how did it go.


1) Do I really need to make a visit to India ? I have all old I-797s and other documents so I really don't see why ?

2) Is premium processing available for 7th year extention (like regular extention) ?


I would really appreciate a response on these questions.

Thank you very much.
 
See Inline...

sahaia said:
Hi Friends,

...

1) Do I really need to make a visit to India ? I have all old I-797s and other documents so I really don't see why ?
... If you received new I-94 with H1-B extension (I-797), you don't need to worry. Just check I-797A for "VALID FROM" section (left side portion, next to I-94) and make sure dates are valid.


2) Is premium processing available for 7th year extention (like regular extention) ?
... Yes


I would really appreciate a response on these questions.

Thank you very much.
 
also seek a better lawyer, looks like this one is not very experienced.

Yes the right hand portion that comes with I-797 does not have valid until dates, but the left hand one does and thats the way it is, strangely enough.

St Louis never validates the new I-94 anyways.

As Ginnu said u need not go anywhere.
 
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